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Scientific Evidence as Foreign Law
(Brooklyn Law Review, 2010)
Most contemporary debates about scientific evidence focus on admissibility under Daubert and the Federal Rules of Evidence. That bias is quite understandable-after all, it is the framework imposed by the United States ...
Background Principles, Takings, and Libertarian Property: A Reply to Professor Huffman
(Ecology Law Quarterly, 2010)
One of the principal, if unexpected, results of the Supreme Court's 1992 decision in "Lucas v. South Carolina" Coastal Commission is the rise of background principles of property and nuisance law as a categorical defense ...
Policy Relevant Heterogeneity in the Value of Statistical Life: New Evidence from Panel Data Quantile Regressions
(Journal of Risk and Uncertainty, 2010)
We examine differences in the value of statistical life (VSL) across potential wage levels in panel data using quantile regressions with intercept heterogeneity. Latent heterogeneity is econometrically important and affects ...
The 1909 Copyright Act in International Context
(Santa Clara Computer & High Technology Law Journal, 2010)
The passage of the 1909 U.S. Copyright Act was embedded in a significant period of evolution for international copyright law. Just a year before, the Berne Convention had been revised for the second time. This Berlin (1908) ...
Reinventing Lisbon: The Case for a Protocol to the Lisbon Agreement (Geographical Indications)
(Chicago Journal of International Law, 2010)
The Doha Development Agenda (Doha Round) of multilateral trade negotiations at the World Trade Organization (WTO) may fail unless a solution to the establishment of a multilateral register for geographical indications on ...
The Heterogeneity of the Value of Statistical Life: Introduction and Overview
(Journal of Risk and Uncertainty, 2010)
The refinement in worker fatality risk data used in hedonic wage studies and evidence from new stated preference studies have facilitated the exploration of the heterogeneity of the value of statistical life (VSL). Although ...
The Complementarity Conundrum: Are We Watching Evolution or Evisceration?
(Santa Clara Journal of International Law, 2010)
The Rome Statute nowhere defines the term "complementarity, " but the plain text of Article 1 compels the conclusion that the International Criminal Court was intended to supplement the foundation of domestic punishment ...
Reconsidering Reprisals
(Duke Journal of Comparative & International Law, 2010)
The prohibition on the use of reprisals is widely regarded as one of the most sacrosanct statements of the jus in bello applicable to the conduct of modern hostilities. The textual formulations are stark and subject to no ...
Illustrating Illegitimate Lawfare
(Case Western Reserve Journal of International Law, 2010)
Lawfare that erodes the good faith application of the laws and customs of warfare is illegitimate and untenable. This essay outlines the contours of such illegitimate lawfare and provides current examples to guide ...
Climate Change Adaptation and the Structural Transformation of Environmental Law
(Environmental Law, 2010)
The path of environmental law has come to a cliff called climate change, and there is no turning around. As climate change policy dialogue emerged in the 1990s, however, the perceived urgency of attention to mitigation ...